1124.04 SPECIAL PROVISIONS GOVERNING RECREATION AND RESIDENTIAL DEVELOPMENT DISTRICTS.
Because of the special characteristics of a Recreation and Residential Development (R & R) District, special provisions governing the development of land for this purpose are required. The provisions of this chapter shall be controlling over any inconsistent or different requirements or provisions of all other sections of the Highland Heights Planning and Zoning Code and Subdivision Regulations. The following special provisions shall apply, to-wit:
(a) Minimum Project Area. In order to qualify for an R & R District there shall be a minimum of not less than 300 areas of contiguous land initially under common ownership.
(b) Maximum Project Density. The overall maximum density within the R & R District shall be two and three-quarters (2.75) dwelling units per acre. In the computations of the total number of dwelling units to be created in the residential areas of the R & R District, the total acreage of the R & R District, including recreation areas located within the R & R District, shall be used.
(c) Minimum Recreation Area Requirements. An R & R District shall satisfy the following requirements relating to the provisions of recreation areas:
(1) Golf course. A minimum of forty percent (40%) of the area of an R & R District, but not less than 120 acres, shall be permanently devoted to golf course use, as provided in Section 1124.06. The golf course shall contain eighteen holes. The golf course may be private or semi-private; a "private" golf course means one which is owned and operated by its membership; a "semi-private" golf course means one which is owned and operated by an individual or entity other than its membership and which charges both annual membership fees and greens fees. The golf course may be owned and operated either by a private party or by the Homeowners' Association comprised of the owners of dwelling units within the R & R District. If the golf course is operated as a semi-private course, all residents within the R & R District and all other residents of the City of Highland Heights shall have an absolute right to become members of the golf course which is constructed within the R & R District, provided that they pay the required annual membership fees and greens fees. For purposes of the foregoing sentence "residents of the City of Highland Heights" shall include persons who live and/or work in the City of Highland Heights.
(2) Recreation facilities for residents of R & R District. In addition to the area devoted to golf course use pursuant to subsection (c)(1) hereof, six acres located at one or more places within the R & R District shall be developed as a recreational facility or facilities, for the exclusive use of the owners of dwelling units within the R & R District. Such recreational facilities shall be installed by the developer of the R & R District, shall be owned, operated and maintained by the Homeowners' Association comprised of the owners of dwelling units within the R & R District and may include tennis courts, swimming pool and related facilities. The location and layout of these recreational facilities shall be included in the development plan and, as such, shall be subject to the approval of the Planning and Zoning Commission and of Council.
(3) Public park areas. In addition to the areas devoted to golf course use pursuant to subsection (c)(1) hereof, and devoted to recreational facilities for the residents of the R & R District pursuant to subsection (c)(2) hereof, six acres of land shall be dedicated or deeded to the City by the developer of the R & R District for public park or recreational uses for all residents of the City. The public park area or areas shall, at the option of the Planning and Zoning Commission, be located either within the R & R District or on lands outside the R & R District, provided that such area or areas shall be reasonably suitable, in the judgment of the Planning and Zoning Commission, for use as a public park or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the R & R District, the shape of the area to be so dedicated or deeded and other similar considerations as in the judgment of the Commission are relevant to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes. If the Commission finds that compliance with this subsection by an allotter is inappropriate because of the location or character of the land available for the purposes set forth in this section then the allotter shall pay to the City the value of that portion of the subdivision that would have been required to be allocated, such value to be based on sale prices of similar land in Cuyahoga County as determined by Council.
(Ord. 27-1988. Approved by voters 11-8-88.)